Page:Federal Reporter, 1st Series, Volume 8.djvu/810

 796 FEDERAL REPORTER. �depending upon the citizensbip of the parties must be determined by their citizensbip at the time of the commencemeut of the suit. Con- olly V. Taylor, 2 Pet. 556. �This brings us to the question, whether, by th* last aet above quoted, (that of February 14, 1873,) or by the two acte oonstrued together, the defendant was created a corporation of the state of .Nebraska. The fact is conceded that the defendant corporation was organized under the laws of lowa, and built a railroad in that state, which was extended into and through a portion of the territory of the state of Nebraska, and that it bas filed a true copyof the original articles of incorporation in the office of the seeretary of state of the state of Nebraska. The act of February 14, 1873, declares in plain terms that these facts shall constitute the defendant "a legal cor- poration of this 'state, and entitled to all the rights, privileges, and franchises of railroad companies organized under and pursuant to the laws of the state of Nebraska." It is entirely competent for the state, by its legislation, to determine the mode of creating corpora- tions within its limits, and, if it sees fit to declare that a foreign corporation may become a corporation of the state by building a railroad therein and filing a copy of its articles of incorporation with the seeretary of state, I have no doubt that compliance with these terms constitutes the foreign corporation a domestic corpora- tion with respect to all its transactions within such state. It follows that the Sioux City & Pacific Eailroad Company was a Nebraska corporation from and after the passage of the act of February 14, 1873, and therefore was sucb at the time of the commencement of this suit. Of course, if botb plaintiff and defendant were citizens of Nebraska at the time of the commencement of this suit, then this court bas no jurisdiction of the case, and the plea to the jurisdiction must be sustained. But counsel for plaintiff insists that there is a foreign corporation — a citizen of lowa — whose eorporate name is the Sioux City & Pacific Eailroad Company; that it is this foreign corporation, and not the domestic corporation of the same name, that is sued ; and that plaintiff should be permitted to make out, if he can, a case against the lowa corporation by proof. His right to do this is clear enougb, provided that corporation is in court and subject to our juris- diction. Whether it is in court or not depends upon the question whether, at the time of the commencement of this action, that corpo- ration had an agent in Nebraska, engaged in the management of its business, upon wbom service bas been made. If the agent upon whom the service was made was the agent of the Nebraska corpora- ��� �